On January 26, 2001,
this matter came before the Disciplinary Board, consisting of, Donna A. DeCorleto,
Robert E. Eicher, Karen A. Gould, Robert E. Freed and John A. Dezio, Second
Vice Chair, on a Notice to Show Cause and Motion to Impose Alternative Sanction
against Richard A. Frye.

The Respondent, Richard
A. Frye, did not appear either personally or by a representative, although the
Board finds that he was given proper notice of these proceedings. Richard E.
Slaney, Assistant Bar Counsel, appeared for the Virginia State Bar ("VSB").
The hearing was transcribed by Victoria Halasz, Court Reporter, Chandler &
Halasz, P.O. Box 9349, Richmond, VA 23227, telephone (804)730-1222.

This matter is governed
by Rule 13(C) of the Rules of Court, Part Six, Section IV and Rule IV(D)(11)
of the VSB Disciplinary Board's Rules of Procedure. The issue before the Board
was whether Respondent had fulfilled the Terms imposed by the 1998 Order of
the Disciplinary Board in this matter. It was Respondent's burden to prove by
clear and convincing evidence that he had complied with the Terms imposed. If
he failed to meet that burden, then, pursuant to the Terms of the Board's 1998
Order, the sanction of revocation of Respondent's license to practice law in
the Commonwealth of Virginia would be imposed.

The undisputed evidence
in this matter is as follows:

1. On November 25, 1998,
the Disciplinary Board entered an Order in this matter. The Order accepted an
Agreed Disposition, which was attached to the Order and incorporated therein
by reference. It was admitted at the hearing of this matter as Exhibit A. The
Order was duly served upon the Respondent, Richard Allen Frye (Mr. Frye), by
certified mail sent from the Disciplinary System's Clerks Office on December
1, 1998.

2. By letter dated October
12, 2000, counsel for the Virginia State Bar (the Bar) wrote David Ross Rosenfeld
(Mr. Rosenfeld), counsel of record for Mr. Frye, seeking proof that Mr. Frye
had fulfilled the requirements of Terms numbered 3 through 9 inclusive, as set
forth in the Agreed Disposition. This letter was admitted as Exhibit B.

3. By letter dated October
25, 2000, Mr. Rosenfeld advised he was no longer representing Mr. Frye and stated
he forwarded a copy of Exhibit B to Mr. Frye for response. This letter was admitted
as Exhibit C.

4. On November 29, 2000,
counsel for the Bar wrote Mr. Frye directly, seeking any information regarding
his compliance with the terms imposed. This letter was admitted as Exhibit D.

5. The Bar never received
any of the reports required under the Agreed Disposition and Order; and, specifically,
did not receive any quarterly reports from Mr. Frye's certified public accountant
(Term 5 of the Agreed Disposition), did not receive any quarterly reports from
Mr. Frye's mentor (Term 7 of the Agreed Disposition), and did not receive any
quarterly reports from Mr. Frye's treating physician or therapist (Term 9 of
the Agreed Disposition). The Bar also did not receive any response from Mr.
Frye to the letters described above in paragraphs 2 and 4 above (Exhibits B
and D).

6. The Agreed Disposition
calls for "strict compliance with the terms set forthÖ." Mr. Frye has failed
to comply with Terms numbered 5, 7 and 9 of the Agreed Disposition, as incorporated
into the Board's November 25, 1998 Order.

7. The terms of the
Agreed Disposition provided that:

[I]n the event that
it is formally alleged by the Virginia State Bar that [Mr. Frye] has violated
any of the foregoing terms, then his license to practice shall be summarily
suspended and reinstated only when it is determined at said Show Cause hearing
that in fact no violation occurred. The revocation of Respondent's license to
practice law shall be in addition to any other sanction imposed for misconduct
during the probationary period.

(Exhibit A, Agreed Disposition
at 9.) The Agreed Disposition further provided that "[i]f at any time during
the four year probationary period Respondent violates any one of the following
terms, then Respondent's license to practice law shall be revoked." (Exhibit
A, Agreed Disposition at 7.)

WHEREFORE, it is ORDERED
that Mr. Frye's license to practice law in the Commonwealth of Virginia is hereby
revoked, as called for in the Agreed Disposition and the Board's Order of November
25, 1998 accepting and incorporating the Agreed Disposition.

IT IS FURTHER ORDERED,
pursuant to the provisions of Part 6, ß IV,  13 (K)(1) of the Rules of
the Supreme Court of Virginia, as applicable, that Respondent shall forthwith
give notice by certified mail, return receipt requested, of the revocation of
his license to practice law in the Commonwealth of Virginia to any and all clients
for whom he is currently handling matters and to all opposing counsel and presiding
judges in any pending litigation in which he is involved. Respondent shall make
appropriate arrangements, as applicable, for the disposition of matters then
in his care conforming to the wishes of his clients.

Respondent shall give
notice within fourteen days of the effective date of the revocation order, and
shall make such arrangements, as are required herein within forty-five days
of the effective date of the revocation order that such notices have been timely
given and such arrangements for the disposition of matters made; all issues
concerning the adequacy of the notice and arrangements required herein shall
be determined by the Board; and it is

FURTHER ORDERED that
Respondent, Richard A. Frye, shall, as appropriate, furnish true copies of all
letters noticing the revocation of his license to practice law, with the original
return receipts for said notice letters, to the Clerk of the Disciplinary System,
within sixty days of the effective date of the revocation; and it is

FURTHER ORDERED that
the Clerk of the Disciplinary System send an attested and true copy of this
Opinion and Order to Respondent, Richard A. Frye, by certified mail, return
receipt requested, at his address of record with the Virginia State Bar, and
to Barbara Williams, Bar Counsel, Virginia State Bar, 707 East Main Street,
Suite 1500, Richmond, Virginia 23219.

Victoria Halasz was
the reporter for the hearing and transcribed the proceedings.

The Clerk of the Disciplinary
System shall assess costs pursuant to Part 6, ß IV,  13(K)(10) of the Rules
of the Virginia Supreme Court.